§560:5-401 - Protective proceeding. - Hawaii Statutes

PART 4.  PROTECTION OF PROPERTY OF PROTECTED PERSON

 

     §560:5-401  Protective proceeding.  Upon petition and after notice and hearing, the court may appoint a limited or unlimited conservator or make any other protective order provided in this part in relation to the estate and affairs of:

     (1)  A minor, if the court determines that:

         (A)  The minor owns money or property requiring management or protection that cannot otherwise be provided;

         (B)  The minor has, or may have, business affairs that may be put at risk or prevented because of the minor's age; or

         (C)  Money is needed for support and education and that protection is necessary or desirable to obtain or provide money; or

     (2)  Any individual, including a minor, if the court determines that, for reasons other than age:

         (A)  By clear and convincing evidence, the individual is unable to manage property and business affairs effectively because of an impairment in the ability to receive and evaluate information or to make or communicate decisions, even with the use of appropriate and reasonably available technological assistance or because of another physical, mental, or health impairment, or because the individual is missing, detained, or unable to return to the United States; and

         (B)  By a preponderance of evidence, the individual has property that will be wasted or dissipated unless management is provided or money is needed for the support, care, education, health, and welfare of the individual or of individuals who are entitled to the individual's support and that protection is necessary or desirable to obtain or provide money. [L 2004, c 161, pt of §1; am L 2009, c 21, §1]